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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Rowe v. Board of Education

Plaintiff sued Chatham Central School District Middle School for negligence after sustaining injuries from a fall in the school cafeteria, allegedly due to accumulated mud, water, and a lack of rain mats. The defendant School District subsequently impleaded the Chatham Central Teachers’ Association, claiming the Association was in control of the cafeteria and responsible for the plaintiff's injuries. Following a trial, the jury rendered a verdict of no cause for action in favor of both the School District and the Association. However, Special Term set aside this verdict and granted a new trial, based on evidence suggesting an accumulation of mud and water and the defendant's failure to provide janitorial services. On appeal, the Appellate Division reversed Special Term's order, reinstating the original jury verdict, concluding that the jury's finding was not against the weight of the evidence given the conflicting testimony presented at trial.

NegligencePremises LiabilitySlip and FallJury VerdictWeight of EvidenceAppellate ReviewNew Trial Order ReversedSchool CafeteriaChatham Central School DistrictColumbia County
References
3
Case No. ADJ7817182
Regular
Dec 24, 2012

PEGGY ALEXANDER vs. KAISER FOUNDATION HOSPITALS, KAISER PERMANENTE MEDICAL CARE PROGRAM

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded an order setting a trial date. This action was taken because the defendant employer argued they were prejudiced by being forced to trial without QME medical evidence they had diligently sought. The WCAB found that both parties failed to notify the Board that the QME panels had issued after a trial date was set but before removal was granted. Consequently, the matter is returned to the trial level for further proceedings, and no sanctions were imposed.

WCABRemovalPetition for ReconsiderationMandatory Settlement ConferenceQualified Medical ExaminerQME PanelDiscovery ClosureOrder Setting for TrialRescindReturn to Trial Level
References
0
Case No. ADJ9194220 (MF) ADJ9194223
Regular
Feb 11, 2016

ALBERT BERNAL vs. ALLFAST FASTENING SYSTEMS, INC.

This case concerns an applicant's petition for removal from an order setting two workers' compensation cases for trial. The applicant argued the trial was improperly set due to timely objections, ongoing treatment, and defective readiness declarations, asserting prejudice. The WCJ's report recommended granting removal, acknowledging a need to review medical reports before setting trial. The Appeals Board granted removal, cancelled the trial, and ordered a new mandatory settlement conference to allow the judge to consider all evidence and arguments before deciding on a trial date.

Petition for RemovalMandatory Settlement ConferenceDeclaration of Readiness to ProceedPermanent and StationaryPsychiatric InjuryOrthopedic InjuriesPrimary Treating PhysicianWorkers' Compensation Appeals BoardAdministrative Law JudgeTrial Exhibits
References
0
Case No. ADJ3502038 (VNO 0531200) ADJ3850322 (VNO 0531201)
Regular
Oct 21, 2010

MARIA DE LA LUZ PADILLA vs. SUNRISE SENIOR LIVING, INC., HOME ASSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration of a Stipulations and Award (S&A) regarding applicant's neck, shoulder, and chest injuries. The defendant claimed mutual mistake and delays by applicant's attorney as grounds to set aside the S&A. However, the WCAB found these allegations insufficient to overturn the executed contract. The matter is returned to the trial level for further proceedings on the defendant's separate petition to set aside the S&A, due to apparent procedural irregularities.

Stipulations and AwardPetition for ReconsiderationPetition to Set AsideMutual Mistake of FactGood CauseDelay in ApprovalService of DocumentEthical BreachesTrial Level ProceedingsWorkers' Compensation Judge
References
2
Case No. MISSING
Regular Panel Decision
Jun 03, 1996

Gropper v. St. Luke's Hospital Center

In this personal injury action, the plaintiff, a steamfitter, alleged injuries from a slip and fall at a construction site. The defense claimed the accident was feigned, particularly highlighting inconsistencies in workers' compensation accident reports regarding the date of injury. The trial court initially set aside a jury verdict favoring the defendants and ordered a new trial on liability and damages. However, the Supreme Court, New York County, reversed this decision, finding that references to workers' compensation during summation were permissible as the plaintiff had 'opened the door' to the issue. Consequently, the jury's original verdict in favor of the defendants was reinstated, and the complaint was dismissed.

Personal InjuryWorkers' CompensationJury VerdictAppellate ReviewEvidentiary RulingSummation ArgumentInconsistent StatementsAccident ReportLiabilityDamages
References
2
Case No. ADJ8162003
Regular
Dec 17, 2014

MARIA GUIZAR vs. CROWN PLAZA HOTEL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ULLICO CASUALTY COMPANY, PATRIOT RISK SERVICES

Defendant sought removal, arguing a trial date was set prematurely before a mandatory settlement conference. The Board reviewed the case and found the petition moot because the parties appeared for trial on the scheduled date and jointly requested the case be taken off calendar. The trial judge also effectively nullified the prior order the defendant objected to. Therefore, the Petition for Removal was dismissed as the issues raised were resolved.

Petition for RemovalMandatory Settlement ConferenceOrder Vacating JoinderWCJWorkers' Compensation Appeals BoardMootStatus ConferenceTrial DateDiscoveryStipulations
References
0
Case No. ADJ9973380
Regular
Nov 13, 2015

VICTOR SANCHEZ vs. SECOND STREET CORPORATION, SEDGWICK CMS

This case involves defendant Second Street Corporation's successful petition for removal, arguing that setting a trial date was premature before obtaining medical evaluations as required by Labor Code section 4061(i). The Appeals Board agreed, finding the record insufficiently developed and rescinding the trial setting order. The matter is returned to the trial level for further proceedings, and the defendant is also ordered to identify its insurance carrier.

Petition for RemovalAgreed Medical EvaluatorPanel Qualified Medical EvaluatorLabor Code section 4061(i)Mandatory Settlement ConferencePermanent DisabilityWorkers' Compensation Appeals BoardWCJRescindReturn to Trial Level
References
1
Case No. ADJ8150716
Regular
Apr 29, 2013

CHRIS ARCE vs. PACIFIC BELL TELEPHONE COMPANY, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the order setting trial was interlocutory, not final. The WCAB granted removal of the order, finding applicant was denied due process by lack of notice for a status conference. Consequently, the WCAB rescinded the order setting trial and substituted an order converting the trial date to a mandatory settlement conference. This decision aims to address potential prejudice to the applicant and promote judicial economy.

Workers Compensation Appeals BoardPacific Bell Telephone CompanySedgwick CMSADJ8150716Supplemental Petition for ReconsiderationDeclaration of Readiness to ProceedWCJ OrderThird Party CreditDue ProcessMandatory Settlement Conference
References
11
Case No. ADJ7387935
Regular

MICHAEL SAMARAS vs. DELUXE LABORATORIES, ESIS

The Workers' Compensation Appeals Board (WCAB) dismissed Defendant Deluxe Laboratories' Petition for Removal. The Petition argued the Workers' Compensation Judge (WCJ) erred in setting a trial date, but this argument became moot as the trial was subsequently held on a different date. The WCAB also admonished defense counsel for failing to include their State Bar number and for inaccurately describing the trial's scope. Sanctions were denied, but defense counsel was cautioned to ensure accuracy in future filings.

Petition for RemovalMootDismissalAdmonishmentDefense CounselState Bar NumberLimited IssuesSanctionsWCJ ReportEAMS
References
1
Case No. ADJ6985337
Regular
Jul 02, 2012

Richard Brennan vs. Los Angeles Kings, Federal Insurance Company

This case concerns a workers' compensation applicant whose deposition was repeatedly missed, delaying discovery. The defendant employer requested removal of an order setting a trial date due to due process concerns regarding discovery and trial scope. The Appeals Board granted removal, amending the prior order to allow the admission of qualified medical examiner deposition transcripts, finding the defendant exercised due diligence. The Board affirmed the trial date but ensured the record would remain open for these crucial depositions.

Petition for RemovalDeclaration of Readiness to ProceedOther SettlementDue ProcessDiscoveryDepositionQualified Medical EvaluatorsQMEMandatory Settlement ConferenceMSC
References
0
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